Authorizes the empire state development corporation to retain an independent MWBE consultant firm for the purpose of helping reduce contractor violations of the provisions of article 15-A of the executive law; requires contractors in violation of the provisions of article 15-A of the executive law to retain independent monitors to oversee compliance.
STATE OF NEW YORK
________________________________________________________________________
3961
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to authorizing the empire
state development corporation to retain one or more independent MWBE
consultant firms for the purpose of helping reduce contractor
violations of the provisions of article 15-A of the executive law and
requiring contractors in violation of the provisions of article 15-A
of the executive law to retain independent monitors to oversee compli-
ance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 315 of the executive law is amended by adding a new
2 subdivision 8 to read as follows:
3 8. The empire state development corporation shall retain one or more
4 independent MWBE consultant firms for the purpose of helping reduce
5 contractor violations of the provisions of this article. Any contractor
6 found by the director to be in violation of the provisions of this arti-
7 cle shall be required by the director to retain an independent monitor
8 who shall examine the circumstances under which a contractor's violation
9 or violations occurred, assist the contractor in rectifying its
10 violations, implement any remedial action plan as described in subdivi-
11 sions six and seven of this section, and, until such time as the
12 contractor is no longer in violation of the provisions of this article,
13 operate as an independent monitor to oversee the contractor's compliance
14 with its obligations under this article. The contractor's monitor shall
15 provide regular reports concerning the contractor's compliance and
16 progress to the MWBE contractor assigned to review the contractor.
17 § 2. This act shall take effect on the ninetieth day after it shall
18 have become a law; provided, however, that the amendments to section 315
19 of the executive law made by section one of this act shall not affect
20 the repeal of such section and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05448-01-3
